Tribunal held that the Assessee Board constituted under sub-s. (1) of S. 4 of the Orissa Water (Prevention and Control of Pollution) (Amendment) Act, 1974, is completely controlled financially as well as administratively by the State Government and consequently, it falls within the definition of ‘State’ under Art. 12 of the Constitution and its income is not liable for taxation as per the provisions of Art. 289(1). (AY. 2017-18)
State Pollution Control Board v. ITO (2024) 232 TTJ 887 / 38 NYPTTJ 1390 (Cuttack)(Trib)
S. 4 : Charge of income-tax-Controlled financially as well as administratively by the State Government-Pollution Control Board established by State Act-Winding up the funds would revert to the State Government-Income is not taxable. [The Orissa Water (Prevention and Control of Pollution) (Amendment) Act, 1974, S.4(1), Art. 12, 289(1)]